· 3/28/1960
Sillifant v. Sheriff of New York
Citations
- 362 U.S. 927
- 80 S. Ct. 754
- 4 L. Ed. 2d 746
- 1960 U.S. LEXIS 1426
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding joint occupancy “raises the inference that any one or all of [the occupants] possessed the cocaine [but] [w]ithout more . . . [joint occupancy] would be insufficient to sustain [a] possession conviction[]”
- noting that the requirement of a substantial preliminary showing “is not lightly met”
- stating the rule without any caveat concerning communication among the officers
- defendants' occupancy of premises and proximity to location where drugs are found raise inference of constructive possession; evidence of nexus linking defendants to drugs is necessary to show constructive possession
- “[pjrobable cause exists to make a warrantless arrest when, at the moment of the arrest, the collective knowledge of the officers involved ... was ‘sufficient to warrant a prudent man in believing that the [defendant] had committed or was committing an offense’ ”
- noting substantiality requirement \is not lightly met\
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.